Litigation: Cost or Investment? Shifting Perspectives in Legal Proceedings It is widely understood that litigation is synonymous with cost. But what if it were seen as an investment? When deciding whether to initiate legal proceedings or arbitration, litigation costs are a crucial factor to consider. A potential litigant must assess not only their own legal […]
Blog
09
Dec
Dec
The Administrative Chamber of the National High Court has upheld the appeals filed by Ayuela Jiménez in defence of two companies dedicated to school transport in the region of Murcia. These companies had been sanctioned by the National Markets and Competition Commission (CNMC in Spain) with significant fines which have been annulled. Key judgments: n. […]
02
Dec
Dec
What Does It Mean for an Action to Be Subject to a Limitation Period? In legal proceedings, two main types of time limits are distinguished: prescription and limitation. Limitation periods, unlike prescription, do not allow for the suspension or restarting of the timeframe. Once the stipulated period elapses, the right to bring the action expires […]
28
Nov
Nov
High-Level Isolated Depression (DANA) is an extreme meteorological phenomenon that, in just a few hours, transformed familiar landscapes into scenes of devastation. Between October 28 and November 4, 2024, this storm left a trail of destruction across Spain, affecting thousands of families, businesses, and communities. Images of flooded streets, demolished homes, and businesses paralysed reflect […]
27
Nov
Nov
The Organic Law 5/2024 on the Right to Defence: Legal Ambition with Practical Gaps On December 4th, the much-anticipated Organic Law on the Right to Defence (“LODD“) will come into force, arriving in the BOE with ambitious promises: accessibility, quality, and ethics within the legal system. This legislation aims to mark a turning point in […]
Commercial and corporate conflicts, Office
Key Considerations for Successful Negotiations in Investment and Financing Rounds for Start-ups
25
Nov
Nov
What Are Investment Rounds? Investment rounds are a corporate funding process through which companies secure capital from investors, whether they are pre-existing shareholders or external parties. Through this mechanism, the company gains the capital necessary to ensure its growth, while the investor acquires a stake in the company’s share capital. Existing shareholders may increase their […]
Economic Criminal and Criminal Compliance, Office
How is a request processed in Spain for a convicted individual abroad to serve their sentence in Spain?
20
Nov
Nov
We will distinguish between two scenarios: if the sentence was imposed by a European Union Member State or another State. Procedure for the Transfer to Spain of Individuals Sentenced in a European Union Member State The Ministry of Justice lacks competence in this area. Competent judicial authorities handle the transfer request directly from a Member […]
12
Nov
Nov
What happens when an annulment claim of an arbitral award is filed with the wrong court? Assuming, in any case, that an annulment claim of an arbitral award is filed within the civil jurisdiction, we may encounter two types of filing errors that could significantly impact the statutory two-month limitation period for filing an annulment […]
Commercial and corporate conflicts
Prohibition of Financial Assistance and Guarantee on the Value of Shares
07
Nov
Nov
Prohibition of Financial Assistance Our legal system, under Article 150 of the Companies Act, prohibits advancing funds, granting loans, providing guarantees, or, in general, offering any form of financial assistance to facilitate the acquisition of a company’s own shares, or the shares or stakes of its parent company, by a third party. This prohibition applies, […]
Economic Criminal and Criminal Compliance, Office
Acquittal of Our Client in the Well-Known Case of the Santa Margarita de Cortona Sculpture Attributed to the Granada Sculptor José de Mora
06
Nov
Nov
At Ayuela Jiménez, we are pleased to share the recent acquittal of our client (a renowned art dealer) of the charge of receiving stolen goods, after having purchased a valuable 18th-century Baroque sculpture without knowledge of its illicit origin, as acknowledged by the Provincial Court of Granada in Judgment 447/2024, dated 9 October. The Facts […]